Life, on a day to day basis, is a sequence of emotional states: hope, disappointment, irritation, anger, affection, envy, pride, embarrassment, joy, sadness and many more. We know intuitively that these states express deep things about our character and our view of the world. But what are emotions and why are they so important to us? In one of the most extensive investigations of the emotions ever published, Robert Roberts develops a novel conception of what emotions are and then applies (...) it to a large range of types of emotion and related phenomena. In so doing he lays the foundations for a deeper understanding of our evaluative judgments, our actions, our personal relationships and our fundamental well-being. Aimed principally at philosophers and psychologists, this book will certainly be accessible to readers in other disciplines such as religion and anthropology. (shrink)

This book focuses on the degree to which certain moral and legal doctrines are rooted in specific passions that are then institutionalised in the form of criminal law. A philosophical analysis is developed of the following questions: when, if ever, should hatred be overcome by sympathy or compassion? What are forgiveness and mercy and to what degree do they require - both conceptually and morally - the overcoming of certain passions and the motivation by other passions? If forgiveness and mercy (...) indeed are moral virtues, what role, if any, should they play in the law? (shrink)

Should laws about sex and pornography be based on social conventions about what is disgusting? Should felons be required to display bumper stickers or wear T-shirts that announce their crimes? This powerful and elegantly written book, by one of America's most influential philosophers, presents a critique of the role that shame and disgust play in our individual and social lives and, in particular, in the law.Martha Nussbaum argues that we should be wary of these emotions because they are associated in (...) troubling ways with a desire to hide from our humanity, embodying an unrealistic and sometimes pathological wish to be invulnerable. Nussbaum argues that the thought-content of disgust embodies "magical ideas of contamination, and impossible aspirations to purity that are just not in line with human life as we know it." She argues that disgust should never be the basis for criminalizing an act, or play either the aggravating or the mitigating role in criminal law it currently does. She writes that we should be similarly suspicious of what she calls "primitive shame," a shame "at the very fact of human imperfection," and she is harshly critical of the role that such shame plays in certain punishments.Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references--from Aristotle and Freud to Nazi ideas about purity--and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading case, this is a major work of legal and moral philosophy. (shrink)

How does shame differ from guilt? Empirical psychology has recently offered distinct and seemingly incompatible answers to this question. This article brings together four prominent answers into a cohesive whole. These are that (a) shame differs from guilt in being a social emotion; (b) shame, in contrast to guilt, affects the whole self; (c) shame is linked with ideals, whereas guilt concerns prohibitions and (d) shame is oriented towards the self, guilt towards others. After presenting the relevant empirical evidence, we (...) defend specific interpretations of each of these answers and argue that they are related to four different dimensions of the emotions. This not only allows us to overcome the conclusion that the above criteria are either unrelated or conflicting with one another, it also allows us to tell apart what is constitutive from what is typical of them. -/- . (shrink)

Nozick analyzes fundamental issues, such as the identity of the self, knowledge and skepticism, free will, the foundations of ethics, and the meaning of life.

The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to (...) identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices. (shrink)

We tend to suppose that the ancient Greeks had primitive ideas of the self, of responsibility, freedom, and shame, and that now humanity has advanced from these to a more refined moral consciousness. Bernard Williams's original and radical book questions this picture of Western history. While we are in many ways different from the Greeks, Williams claims that the differences are not to be traced to a shift in these basic conceptions of ethical life. We are more like the ancients (...) than we are prepared to acknowledge, and only when this is understood can we properly grasp our most important differences from them, such as our rejection of slavery. The author is a philosopher, but much of his book is directed to writers such as Homer and the tragedians, whom he discusses as poets and not just as materials for philosophy. At the center of his study is the question of how we can understand Greek tragedy at all, when its world is so far from ours. Williams explains how it is that when the ancients speak, they do not merely tell us about themselves, but about ourselves. _Shame and Necessity_ gives a new account of our relations to the Greeks, and helps us to see what ethical ideas we need in order to live in the modern world. (shrink)

This book is a collection of original essays offering the first full-length consideration of the problem of strict liability in the criminal law: that is, the problem of criminal offences that allow a defendant to be convicted without proof of fault. Because of its potential to convict blameless persons, strict liability is a highly controversial phenomenon in the criminal law. Including Anglo-American and European perspectives, the contributions provide a sustained and wide-ranging examination of the fundamental issues. The breadth and depth (...) of the chapters combine to present readers with a sophisticated analysis of the place and legitimacy of strict liability in the criminal law. (shrink)

In this article, I examine the relevance and desirability of shame and guilt to restorative justice conferences. I argue that a careful study of the psychology of shame and guilt reveals that both emotions possess traits that can be desirable and traits that can be undesirable for restoration. More in particular, having presented the aims of restorative justice, the importance of face-to-face conferences in reaching these aims, the emotional dynamics that take place within such conferences, and the relevant parts of (...) the empirical psychology of shame and guilt, I argue that restorative justice practitioners have to take account of a rather more complex picture than it had hitherto been thought. Restorative conferences are not simply about "shame management," though practitioners must certainly avoid shaming and humiliation. Given the nature of shame, guilt, and restorative conferences, it is not possible to provide a single concrete precept applicable to all restorative conferences. The successful holding of conferences depends in large part on the cultural and situational specificities at hand. The latter include among others knowledge of the perceived relations standing between victim and offender as well as the affective specificities of the individuals involved. (shrink)

A number of philosophers and legal scholars have pointed out a fact about punishment that had not been sufficiently appreciated by many traditional accounts, utilitarian, retributive, or ‘mixed’: that evil inflicted on the person punished is not an evil simpliciter , but rather the expression of an important social message—that punishment is a kind of language. The message which it is seen to communicate can broadly be described as condemnation by society of the crime committed. In what is still the (...) only attempt at a general and critical discussion— Anthony Skillen's ‘How to say Things with Walls’—this way of understanding punishment is termed ‘expressionism’. In this paper I propose to sort out the main varieties of expressionism in the philosophy of punishment, and to discuss some of their pros and cons. (shrink)

In 1994, Congress established more than sixty new capital crimes with wide public support. Davis argues that, if the U.S. is ever to join the majority of the world in abolishing capital punishment, opponents of the death penalty must make a stronger philosophical case against it. He systematically dissects the arguments in favor of capital punishment and demonstrates why they are philosophically superior to opposing arguments. By connecting the death penalty to a general theory of punishment in which penalties are (...) retributive in proportion to the crime, Davis shows why we must reconceive the entire criminal justice system and address violent crime more successfully before the death penalty can be successfully opposed. (shrink)

This book focuses on the degree to which certain moral and legal doctrines are rooted in specific passions that are then institutionalised in the form of criminal law. A philosophical analysis is developed of the following questions: when, if ever, should hatred be overcome by sympathy or compassion? What are forgiveness and mercy and to what degree do they require - both conceptually and morally - the overcoming of certain passions and the motivation by other passions? If forgiveness and mercy (...) indeed are moral virtues, what role, if any, should they play in the law? (shrink)

I want to discuss a view of punishment which stresses its ‘expressive’ character and seeks in that its justification. While I shall label this view ‘expressionism’, I should warn that most theorists who express an ‘expressionist’ view do not present it as an exhaustive account, but rather claim to be highlighting an aspect that tends to be neglected within the rationalist framework common to retributivism and utilitarianism. Among contemporary writings I shall focus on Joel Feinberg's article, ‘The Expressive Function of (...) Punishment’ in The Monist 49, No. 4 . While I accept that ‘expression’ usefully sums up much of what underlies punitive practices, I shall urge that the term conceals a variety of more or less amalgamated ingredients which need to be disentangled for critical inspection. I shall argue that under those aspects, punishment's justification continues to be elusive. I do not imagine that these arguments will deter my more punitive colleagues from continuing to seek such justification, but I hope they will search elsewhere. Feinberg writes: Punishment is a conventional device for the expression of attitudes of resentment and indignation, and of judgments of disapproval and reprobation, either on the part of the punishing authority himself or of those ‘in whose name’ the punishment is inflicted. Punishment, in short, has a symbolic significance largely missing from other kinds of penalties. (shrink)